EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 13 January 2005 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery,
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 26 July 2019.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 26 July 2019. The only effect of this amendment is to extend this date.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. In this instance, the Delegate of the Minister for the Environment consulted with the Northern Territory Department of Primary Industries and Fisheries as the Northern Territory Department of Primary Industries and Fisheries has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of the Environment’s website and comment was invited from interested people for a period of 20 business days. All comments received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and biodiversity, and to regulate activities that may impact upon them. The Act establishes a list of exempt native specimens that are not subject to the trade control provisions applicable to regulated native specimens. The purpose of this legislation, F2014L01039, is to amend the list of exempt native specimens in accordance with Section 303DC of the EPBC Act. This amendment was introduced to address the need to manage the trade of specimens derived from fish or invertebrates in the Northern Territory Trepang Fishery, ensuring they are taken lawfully and included in the list until 26 July 2019. The Minister for the Environment consulted with the relevant authorities and stakeholders, including the Northern Territory Department of Primary Industries and Fisheries, and invited public comment on the proposal, which was then considered in making the decision to amend the list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the conservation of Australia's biodiversity and the protection of the environment, encompassing both native species and ecological communities. This Act applies to all persons, entities, and industries within Australia and its external territories, imposing obligations on them to avoid actions that may harm the environment or native species. Specifically, the Act regulates the trade of native specimens, including fish and invertebrates, with certain exemptions listed under Section 303DB. The Act's jurisdiction extends nationally, affecting trade within and outside Australia. Notably, the Act excludes certain specimens from trade control provisions if they are listed as exempt under Section 303DB, subject to specific conditions such as lawful taking and regional origin. The instrument amends the list of exempt native specimens by revoking previous conditions and imposing new ones, allowing continued export of these specimens until 26 July 2019, reflecting a deliberate decision to extend the exemption period based on ecological sustainability assessments.
Key Provisions
The main operative sections of this legislation (sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) establish and manage the list of exempt native specimens, which are exempt from trade control provisions that apply to regulated native specimens. This amendment specifically addresses specimens derived from fish or invertebrates in the Northern Territory Trepang Fishery, excluding those from species listed under Part 13 of the Act. The amendment revokes the existing conditions on the inclusion of these specimens in the list, which were initially subject to certain conditions, and imposes new conditions: the specimens must be taken lawfully and remain in the list until 26 July 2019. This change aims to facilitate continued export of these specimens until the specified date.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that specimens included in the list of exempt native specimens must be taken lawfully, ensuring that the source of the specimens complies with relevant laws and regulations. Secondly, the inclusion of specimens in the list is subject to specific conditions, such as the date until which the specimens remain exempt from trade controls. Additionally, the Minister for the Environment is required to consult with appropriate ministers and stakeholders before amending the list, ensuring that the decision-making process is inclusive and informed by relevant expertise and public input.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly outline specific penalties for non-compliance with the conditions imposed on the inclusion of specimens in the list of exempt native specimens. However, general provisions within the EPBC Act may apply, which could include fines or other penalties for unlawful trade or export of native specimens. The maximum penalties for breaches of the EPBC Act can vary depending on the specific offence and circumstances, but they may include substantial fines and, in some cases, imprisonment. Compliance with the conditions and lawful taking of specimens are crucial to avoid any potential legal repercussions.